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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: January 28, 2002
O""'''.''''L
h j .....i i u1
Subject: Professional Services Agreement
between the City of San Bernardino and the
law firm of Lewis, D'Amato, Brisbois &
Bisgaarad to represent the City of San
Bernardino and Redevelopment Agency of
the City of San Bernardino in the case of
Redevelopment Agency o/the City o/San
Bernardino v. Jaime Alvarez, et a/.
From: JAMES F. PENMAN
City Attorney
Dept: CITY ATTORNEY
Synopsis of Previous Council Action:
March 26,2001 -
Mayor and Council approved the hiring of Lewis, D'Amato, Brisbois
& Bisgaard to represent the City and RDA in the subject court action.
Recommended motion:
Adopt Resolution.
L?~
o Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
-LZt3"'o;.1.l? ('(, 2-?, c::'\
~/'f /)Y
Agenda Item No.'
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STAFF REPORT
Council Meeting Date: February 4. 2002
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
January 29, 2002
Professional Services Agreement between the City of San
Bernardino and the law firm of Lewis, D'Amato, Brisbois &
Bisgaard to represent the City of San Bernardino and the
Redevelopment Agency ofthe City of San Bernardino in the case
of Redevelopment Agency of the City of San Bernardino v. Jaime
Alvarez, et al.
On March 26, 200 I, the Mayor and Common Council approved the law firm of Lewis,
D'Amato, Brisbois & Bisgaard to represent the City and RDA in the above-referenced court action.
The Council also approved an initial threshold of $50,000.00 in attorneys fees and costs and the
requirement of regular status reports.
The Professional Services Agreement reflecting the Council's prior action is attached. It is
requested by the City Attorney that the floor motion be adopted so that the Mayor is authorized to
execute said Professional Services Agreement on behalf of the City of San Bernardino.
That the Mayor of the City of San Bernardino is hereby authorized and directed to execute
on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of
Lewis, D'Amato, Brisbois & Bisgaard to represent the City of San Bernardino and the
Redevelopment Agency of the City of San Bernardino in the case of Redevelopment Agency of the
City of San Bernardino v. Jaime Alvarez, et at.
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\2710 uj )J
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
3 BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO
AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO REPRESENT
4 THE CITY AND RDA IN THE CASE OF REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO v. JAIME ALVAREZ, et at.
5
6
7
8
9
10
II
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of said City and Redevelopment Agency of the City of San Bernardino a
Professional Services Agreement between Lewis, D'Amato, Brisbois & Bisgaard and the City of
San Bernardino and the Redevelopment Agency of the City of San Bernardino for legal services,
a copy of which is attached hereto marked Exhibit" A" and incorporated herein by reference as
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fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of the City
Clerk within sixty (60) days following the effective date of the resolution.
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RLS/j, (AL V AREZ2.RES]
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
2 BETWEEN LEWIS, D'AMATO, BRISBOIS & BISGAARD AND THE CITY OF SAN BERNARDINO
AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO REPRESENT
3 THE CITY AND RDA IN THE CASE OF REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO v. JAIME ALVAREZ, et at.
4
5
6
7
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10
II
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meetin
thereof, held on the
day of
AYES
, 2002, by the following vote, to wit
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COUNCIL MEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
NAYS
ABSTAIN ABSENT
14
IS
16
17
18
19
20
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2002.
21
22
JUDITH V ALLES, Mayor
City of San Bernardino
23 Approved as to form and
legal content:
24
JAMES F. PENMAN,
25 City Attorney
26
27 By: (L"",,<, 7- - f~
U
28
RLS/;s [ALVAREZ2.RES)'
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1
PROFESSIONAL SERVICES AGREEMENT
2
Redevelopment Agency of the City of Salt Bernardino v. Jaime Alvarez, et al.
San Bernardino Superior Court Case No. SCVSS 86091
3
4
I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
LEWIS, D'AMATO. BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this
5
6
Agreement.
2. LDB&B will be representing the following entities in this litigation: CITY OF
7
SAN BERNARDINO and the REDEVELOPMENT AGENCY OF THE CITY OF SAN
8
BERNARDINO. LDB&B shall not represent any client in any type of claim against the CITY
9
without prior written approval to do so from the CITY OF SAN BERNARDINO through the City
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Attorney's Office.
3. LDB&B shall be paid at the hourly rates set forth below:
Attorneys - $110.00 per hour; and,
Law Clerks/Paralegals - $50.00 per hour.
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15
The amounts expended under this agreement for attorneys fees shall not exceed
16
$50.000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
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5. The actual cost for filing fees. telephone charges. photocopying. postage, lodging.
19
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
LDB&B may include a single charge in an amount not to exceed four percent (4%) of fees in lieu
20
21
of reimbursement for photocopying, telephone charges, and postage.
22
6. If attorney's fees are charged "portal to portal" (e.g., from office to cOUl1 and
return), then LDB&B shall not be entitled to reimbursement for mileage and parking fees.
7. LDB&B shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court reporters) for purposes of defending the litigation. LDB&B may.
if it chooses. pay the fees and charges of such consultants and seek reimbursement from CITY on
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its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
RLS/;s [AL v AREZ2.AGR]
1
Exhibit "A"
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1 Finance Department.
2
8.
3 whenever any significant event occurs, and in any event at least quarterly. Informa
Status reports will be submitted to CITY through the City Att,
4 to set reserves, including, without limitation, potential liability exposure and perc
5 shall be included.
6
9.
Copies of all opinions, pleadings, discovery and motions shall be r
7 City Attomey's Office which may reproduce same and provide copies to other partit
8 in this, or other litigation.
9
10.
Copies of any correspondence and other documents sent to any of,
loin this action shall also be provided to the CITY through the City Attorney's Offic
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II.
Any and all settlements shall require CITY approval. Request
12 authority shall be made through the City Attomey's Office which shall obtain the n,
13 approvals.
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12. In the event the settlement value of the case appears to exceed $5(
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Attorney's Office shall be notified immediately.
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13.
Only Joseph Arias of LEWIS, D'AMATO, BRISBOIS & BISGi
17 senior attorney approved by the CITY shall try this case.
18
14.
15.
16.
No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
21 Satisfaction of Judgment, Release and any other final documents.
Final billing shall be accompanied by copies of the Request
19
20
22
17.
Either party may terminate this contract at will. LDB&B will contin
23 the CITY on the terms and conditions in this Agreement until the case and file an
24 another attorney.
25
18.
26
19.
27
LDB&B is an independent contractor as to the CITY.
LDB&B shall maintain the following types of insurance with lilT
a)
Workers Compensation as required by the laws of the State
28
of Californi~,. including Employment Liability with $250.000 limits
RLS/js [AL v AREZ2.AGR]
2
Exhibit "A"
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1
covering all persons providing service on behalf of LDB&B and all risks
to such persons under this Agreement. LDB&B shall require its Workers
2
3
Compensation carrier to waive all rights of subrogation against the CITY
4
and its officers and employees and any others for whom services are being
5
provided under this Agreement.
6
b)
Comprehensive General and Automobile Liability
7
Insurance coverage to include contractual coverage and automobile
8
coverage for owned, hired and non-owned vehicles. The policy shall have
9
at least a combined single limit of $1,000,000 for bodily injury and
10
property damage.
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c)
Professional Liability Insurance with limits of at least
12
$1,000,000 per claim. In lieu of naming the CITY as an additional
13
insured, the policy may be endorsed as follows:
14
"Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF
SAN BERNARDINO for legal defense services, provided such liability
results from an error, omission or negligent act of the insured, its officers,
employees, agents or subcontractors. All other provisions of this policy
are to remain unchanged."
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LDB&B shall furnish certificates of insurance and certified copies of all policies
19
and endorsements to the City Attorney's Office evidencing the insurance coverage above required
20
prior to the commencement of perfomlance of services hereunder, which certificates shall provide
21
that such insurance shall not be terminated or expire without thirty (30) days written notice to the
City Attorney's Office, and shall maintain such insurance from the time LDB&B commences
22
performance of services hereunder until the completion of such services.
23
24
All policies, with respect to the insurance coverage above required, except for the
25
Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
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27
their employees, agents, volunteers and officers as additional named insured with respect to
liabilities arising out of the performance of services hereunder.
28
RLS/js [AL VAREZ2.AGR]
3
Exhibit "A"
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22
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All policies required above are to be primary and non-contributing with any
insurance or self-insurance programs carried or administered by the CITY or other parties
2
3 represented under this Agreement.
4
20.
All communications and billings to the CITY are to be directed as follows:
5
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
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DA TED:
,2002
LEWIS, D'AMATO, BRISBOIS & BISGAARD
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By: Joseph Arias
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DATED:
,2002
CITY OF SAN BERNARDINO
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By: Judith Valles, Mayor
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23 Approved as to form and
legal content:
24
JAMES F. PENMAN,
25 City Attorney
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By:
RLS/js [ALVAREZ2.AGR]
4
Exhibit "A"
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1
PROFESSIONAL SERVICES AGREEMENT
2
Redevelopmellt Agency of the City of Sail Bernardillo v. Jaime Alvarez, et al.
San Bernardino Superior Court Case No. SCVSS 86091
3
4
I. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
LEWIS, D'AMATO, BRISBOIS & BISGAARD (hereinafter "LDB&B") are the parties to this
5
Agreement.
6
7
2. LDB&B will be representing the following entities in this litigation: CITY OF
SAN BERNARDINO and the REDEVELOPMENT AGENCY OF THE CITY OF SAN
8
9
BERNARDINO. LDB&B shall not represent any client in any type of claim against the CITY
without prior written approval to do so from the CITY OF SAN BERNARDINO through the City
10
Attorney's Office.
11
12
3. LDB&B shall be paid at the hourly rates set forth below:
Attorneys - $1 ] 0.00 per hour; and,
Law Clerks/Paralegals - $50.00 per hour.
13
14
15
The amounts expended under this agreement for attorneys fees shall not exceed
$50,000 without further approval of the Mayor and Common Council.
4. Bills shall be submitted at least quarterly.
5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
LDB&B may include a single charge in an amount not to exceed four percent (4%) offees in lieu
of reimbursement for photocopying, telephone charges, and postage.
6. If attorney's fees are charged "portal to p0l1al" (e.g., from office to coul1 and
return), then LDB&B shall not be entitled to reimbursement for mileage and parking fees.
7. LDB&B shall obtain approval from the CITY to retain expert consultants and other
professionals (not including court repOl1ers) for purposes of defending the litigation. LDB&B may,
if it chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on
its periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY
16
17
18
19
20
21
22
23
24
pay it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S
RLS(is (ALVAREZ2.AGR]
1
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.
.
1 Finance Department.
2 8. Status reports will be submitted to CITY through the City Attorney's Office
3 whenever any significant event occurs, and in any event at least quarterly. Information sufficient
4 to set reserves, including, without limitation, potential liability exposure and percentage of fault
5 shall be included.
6 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the
7 City Attorney's Office which may reproduce same and provide copies to other parties or attorneys
8 in this, or other litigation.
9 10. Copies of any cOITespondence.and other documents sent to any of the defendants
10 in this action shall also be provided to the CITY through the City Attorney's Office.
11 II. Any and all settlements shall require CITY approval. Request for settlement
12 authority shall be made through the City Attorney's Office which shall obtain the necessary CITY
13 approvals.
14 12. In the event the settlement value of the case appears to exceed $50,000, the City
15 Attorney's Office shall be notified immediately.
16 13. Only Joseph Arias of LEWIS, D'AMATO, BRISBOIS & BISGAARD or other
17 senior attorney approved by the CITY shall try this case.
18 14. No client development costs are to be included in billings.
19 IS. No continuing education expenses are to be included in billings.
20 16. Final billing shall be accompanied by copies of the Request for Dismissal,
21 Satisfaction of Judgment, Release and any other final documents.
22 17. Either party may tem1inate this contract at will. LDB&B will continue to represent
23 the CITY on the terms and conditions in this Agreement until the case and file are transfeITed to
24 another attorney.
25 18. LDB&B is an independent contractor as to the CITY.
26 19. LDB&B shall maintain the following types of insurance with limits as shown:
27 a) Workers Compensation as required by the laws of the State
28 of California, including Employment Liability with $250,000 limits
RLS/js (ALVAREZ2.AGR] 2
.
.
.
26
27
1
covering all persons providing service on behalf of LDB&B and all risks
to such persons under this Agreement. LDB&B shall require its Workers
Compensation carrier to waive all rights of subrogation against the CITY
2
3
4
and its officers and employees and any others for whom services are being
5
provided under this Agreement.
6
b)
Comprehensive General and Automobile Liability
7
Insurance coverage to include contractual coverage and automobile
8
coverage for owned, hired and non-owned vehicles. The policy shall have
9
at least a combined single limit of $1,000,000 for bodily injury and
property danlage.
10
11
c)
Professional Liability Insurance with limits of at least
12
$1,000,000 per claim. In lieu of naming the CITY as an additional
insured, the policy may be endorsed as follows:
"Insurance coverage afforded by this policy shall also apply to the
liability assumed by the Insured under the Agreement with the CITY OF
SAN BERNARDINO for legal defense services, provided such liability
results from an error, omission or negligent act of the insured, its officers,
employees, agents or subcontractors. All other provisions of this policy
are to remain unchanged."
13
14
15
16
17
18
LDB&B shall furnish certificates of insurance and certified copies of all policies
19
and endorsements to the City Attorney's Office evidencing the insurance coverage above required
20
prior to the conunencement of performance of services hereunder, which certificates shall provide
21
that such insurance shall not be terminated or expire without thirty (30) days written notice to the
City Attorney's Office, and shall maintain such insurance from the time LDB&B commences
22
23
performance of services hereunder until the completion of such services.
24
All policies, with respect to the insurance coverage above required, except for the
25
Workers Compensation insurance coverage and professional liability coverage, if applicable, shall
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
their employees, agents, volunteers and officers as additional named insured with respect to
28
liabilities arising out of the performance of services hereunder.
RLS/js [ALVAREZ2.AGR]
3
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1
All policies required above are to be primary and non-contributing with any
2
insurance or self-insurance programs carried or administered by the CITY or other parties
3 represented under this Agreement.
22
4
20.
All communications and billings to the CITY are to be directed as follows:
5
6
7
DATED:
,2002
8
9
10
11
12
DATED:
,2002
13
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15
16
17
18
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20
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23 Approved as to form and
legal content:
24
JAMES F. PENMAN,
25 City Attorney
26
27
28
By: Lt. f~
C -
RLS/js [AL v AREZl.AGR]
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 924 18
LEWIS, D'AMATO, BRISBOIS & BISGAARD
By: Joseph Arias
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
4
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 8, 2002
TO:
Josie Soria, Legal Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-34
At the Mayor and Common Council meeting of February 4, 2002, the City of San Bernardino
adopted Resolution 2002-34 - Resolution authorizing the execution of a professional services
agreement between Lewis, D 'Amato, Brisbois & Bisgaard and the City of San Bernardino and
the Redevelopment Agency of the City of San Bernardino to represent the City and RDA in the
case of Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez, et al.
Attached is one (1) original agreement. Please obtain signatures in the appropriate locations and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by April 5, 2002.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt ofthe above mentioned documents.
Signed:.~ eh
Date: ~;>..
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 1, 2002
TO:
Finance
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-34 - Lewis, D' Amato, Brisbois and Bisgaard
CC:
Attached is a fully executed copy of the agreement with Lewis, D' Amato, Brisbois and Bisgaard
to represent the City of San Bernardino and Redevelopment Agency in the case of
Redevelopment Agency v. Jaime Alvarez, et ai, which was approved at the Mayor and Common
Council meeting held on February 4, 2002. The original agreement is on file in the City Clerk's
Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT x*
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ':l- --'\-0.) Item #
Vote: Ayes 1-315- '1 Nays G-
Change to motion to amend original documents: -
<1 Resolution" ___.ZCO;;l =-~:'L.~_.._
Abstain A- Absent_.j__...__
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: .::--~
Direct City Clerk to (circle I): PUBLISH, POST. RECORD ',V'COUNTY
Date Sent to Mayor:
1-(,. .o?--
Date of Mayor's Signature: :).{., --() 'd
Date ofClerk/CDC Signature: .)~-O~
NullNoid After:.\oQJ2A1sl- +5 -o.~_
By:.=._
Reso. Log Updated
/'
Seal Impressed: __..tL'___.
Date Memo/Letter Sent for Signature: [) -:i5-o d-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ..t:! Date Returned: 0. -;;)& -O;:l.
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance
Dev. Services
Police Public Services
Water
Notes:
Yes ,/ No By
Yes No~ By
Yes No ....L By
Yes No V' By
Yes No/ By
EDA
Finance ,/
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ,,,.,-
Date: 3- \--t>;:J...
Revised 01112/0 I